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1826. Augt. Septr. 25.
Penal CodeCh. Aggravations
§.
Simp Corp Injuries Semipublic and introduced
Morn Chron. 1826 Sept. 22
Aggravation. In the import of this word,
there is something of ambiguity. Aggravation? Of
what? Subject matter of it, what? The mischievousness
of the offence or the quantity of punishment demanded
by it for the subsequently preventive remedy.
Under the greatest happiness principle, In no other character than that of a justificative
cause of addition to the punishment in it's
ordinary state, can aggravation be an object worth
considering; but it was under the dominion of the
principle of sympathy and antipathy that the word
aggravation and the idea attached to it, sprung up,
and in many cases, the question as to the existence
of a cause of aggravation amounted to this. By
the consideration of the circumstance in question,
do you feel your antipathy to the offence
and the offender in any and what degree more
strongly excited.
Thus it is, that to say of the circumstance
in question, that it ought to be employed
it ought to be considered as a circumstance
of aggravation, is in ordinary language as much
as to say that, in consideration of it, addition
ought to be made to the quantity of punishment
allotted to the offence in it's ordinary state.
To
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Morn. Chron. 1826 Sept. 22 |
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